A regular meeting of the Town Board of the Town of Moreau was held on April 8, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil opened the Regular Meeting at 7:08 p.m.

The Town Clerk called the roll, which resulted in the following Town Board Members being present or absent:

Harry G. Gutheil, Jr., Supervisor

Bob Prendergast, Councilman

Rich Hewlett, Councilman

Todd Kusnierz, Councilman

Niki Baker, Councilwoman

Also Present: Jeanne Fleury, Town Clerk; Stephen Gram, Recreation Director; Peggy Jenkins, Assessor; Joe Patricke, Building Inspector; Steve Barody, Highway Superintendent; Mike Shaver arrived at 7:10 p.m.; and a meeting room full of guests.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

The following minutes were prepared and presented to the Town Board in advance of this meeting for their review, comment, correction and approval:

March 25^th (2 Sets)

Correction: Page 128 – "Freedom of Information Law Request" paragraph – next to the last line – change the word "settle" to "defend".

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to approve the minutes of the Regular Town Board Meeting held on March 25^th as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Approval of minutes was tabled. A quorum of the Board Members present at that Public Hearing was not present at this meeting.

The Town Board Meeting that would normally be held on May 13^th will be held on May 12^th at 7:00 p.m.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to receive and file monthly reports from the Town Clerk, Supervisor, Highway Superintendent, Water Superintendent, Building Inspector, Dog Control Officer, Recreation Director, Assessor, Water Superintendent, Transfer Station.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

[Mike Shaver arrived at 7:10 p.m.]

The proposed Local Law restricting truck traffic on Bluebird Road was discussed briefly. A revised draft of the proposed Local Law has been presented to the Town Board. The suggestion was made that a sign could be erected identifying prohibited vehicles. Councilman Kusnierz thought that New York State DOT would have regulations on what type of signs could be put up. A Public Hearing was scheduled for May 22^nd at 6:50 p.m. on the proposed Local Law.

Present to discuss the Pallette Stone Mining Permit was Mike O’Connor, Legal Counsel from Little & O’Connor, representing Pallette Stone, William Beers, Officer of the Pallette Stone Corporation, Dan Mannix, Legal Counsel from Muller & Muller, representing the residents of Old Saratoga Road, and a meeting room full of residents from Old Saratoga Road.

Attorney O’Connor and Mr. Beers requested that the Town Board re-issues a mining permit enabling Pallette Stone to operate at the Old Saratoga Road Site. They were not asking for an expansion. They have obtained their DEC Permit and the full 5.5 acre site is in full compliance under a former Special Use Permit issued for that site. Mr. O’Connor stated that the approval process by the Town Board was purely administrative and that the Town Board has limited review under Section 23-2703 of the Environmental Conservation Law. The Town Board does have control over setbacks, barriers, dust, hours of operation and whether or not mining is permitted in the Town of Moreau. The site has been permitted since 1994, but in operation before that according to Mr. O’Connor.

Councilman Hewlett asked what the hours of operation were. Supervisor Gutheil read from Zoning Board Appeal #523 that was issued 11/2/98 and the hours stated were Monday through Friday, 7:00 a.m. to 5:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m.

Councilman Prendergast asked how many trucks went in and out of the site daily and Mr. Beers responded about 3 to 4 a day.

Councilman Hewlett asked what size the trucks were and Mr. Beers stated they were tandem, tri-axle.

Councilman Kusnierz stated that the question of whether or not the current operation is within the boundaries of the original permit has been raised publicly, especially by those in opposition to renewal of the mining permit.

Mr. Beers advised that in November DEC came down to the site and flagged the boundaries and they are within all boundaries of the original permit.

Dave Canavan stated that equipment could be seen outside the 5-acre perimeter.

Robert Duval, 396 Old Saratoga Road, contended that Old Saratoga Road was in disarray already and tandem, tri-axle trucks running up and down it won’t help it any. It was his opinion that they planned to strip mine the whole parcel right up to the road.

Attorney O’Connor stated that his client was not proposing to bring the footprint that was permitted in 1988 any closer to Old Saratoga Road.

Robert Thompson, 250 Old Saratoga Road, described the condition of Old Saratoga Road as having steep drop off on the sides, with no shoulders for pedestrians to use and a dip in the road that makes it difficult to see cars lined up waiting to get into the Moreau Lake State Park.

Supervisor Gutheil asked what the life of the mine was and Attorney O’Connor stated he thought it was three quarters mined already.

Attorney Mannix from Muller and Muller referred to a letter indicating that DEC took measurements of the site back in December 2002 and they expressed a concern over the life of the mine and the screen that was not permitted that should be removed. According to Attorney Mannix, DEC is supposedly looking into storage of petroleum and any groundwater concerns there may or may not be. He asserted that there is nothing to show that the applicant is within the reclamation plan. The applicant must prove they are in compliance before the Town Board can renew their permit.

Attorney O’Connor referred to a letter, dated December 30^th, that was before the actual assignment of the permit to his client and stated that DEC wouldn’t have issued a permit if his client was in violation of any terms of the prior permit.

Rick Salazar of 395 Old Saratoga Road was of the opinion that the mine had already reached its capacity and that they couldn’t mine any further without getting into the reclamation area. The 5.5 acres includes reclamation according to Rick Salazar. If they continue then they will not be able to meet the degrees required under the reclamation plan without going outside the 5.5 acres. The granting of a permit by the Town Board will open up the possibility for Pallette to expand. He claimed that Mr. Beers talked to the people on Old Saratoga Road and told them that his company intended to expand and use the site for another 10 years. Mr. Salazar asked the Town Board to look at the zoning laws, which were created years ago. The area is primarily residential. They aren’t talking only 3 to 5 trucks per day. The trucks will make as many runs as possible each day. He spoke about the condition of the roads and the noise.

Tina Kays asked the Town Board to deny the permit.

Julie Francis of South Road showed an aerial view of the old Shaw Mine and described how the reclamation plan wasn’t followed through resulting in devaluation of properties around the site and dangerous embankment down into the pit. She was also concerned about enforcement of speed limits by trucks going to and from the mining operation on Old Saratoga Road.

Jan Kropp of 471 Old Saratoga Road spoke about the tremendous amount of noise coming from the mining operation and the number of homes affected. She cited a section from the Zoning Law that talks about the purpose of the code is to protect the health, safety and general welfare of the community and protection of property values. She stated this was repeated over and over in the code and that she was relying on the Town Board to protect her and the other residents.

Cliff Harriman of 185 Old Saratoga Road advised that he is building a new house and doesn’t want his property value to depreciate because of this. He has a young daughter that will be using the road and is concerned for her safety. He spoke about a 30-day comment period that was required by law and Supervisor Gutheil explained that DEC would have been the one to hold the comment period. Mr. Harriman also stated that the road wasn’t built to hold tandem trucks, it is mostly a residential area and he asked the Town Board to put a stop to it if they could.

Chuck Rowson of Old Saratoga Road read from a prepared statement which addressed his concerns over the noise, dangerous traffic conditions and showed a picture of a traffic accident that occurred in the past with a sand truck. The area is unspoiled and he would like to keep it that way.

Anthony Farrell of South Road asked again how many trucks would be running the road and Mr. Beers responded saying 3 to 4 trucks a day with the possibility of them hauling up to 32 loads a day. He asked who would be responsible for enforcement of the reclamation and was told DEC.

Scott Smith spoke about the noise levels and Supervisor Gutheil informed him about the Town’s Noise Law and how we have a person trained to test the noise level with a meter.

Dorothy Lechmanski of 412 Old Saratoga Road felt that the public was being told it wasn’t the Board’s problem and she thought the Board needed to understand the feelings of the residents of Old Saratoga Road. Depreciation of property values has an affect on the whole Town in the way of decreased tax revenues.

Supervisor Gutheil advised Dorothy Lechmanski that the Board understands everyone’s concerns, but the State Law preempts the Town Law.

Councilman Kusnierz stated that the Town has limited control over certain issues and that under Section 23-2703 of the Environmental Conservation Law, Subsection 2, the Mine Reclamation Law supersedes all other State and Local Laws.

Robert Thompson asked if the Board could limit the hours of operation from Noon until 2:15 p.m. to make it economically unfeasible for them to operate.

Supervisor Gutheil stated it was his guess that it would have to be determined if this would be enforceable in court or not.

Attorney O’Connor stated that his client bought an existing permitted operation. The DEC Operating Permit sets the hours. The prior owner obtained a special permit from the Zoning Board of Appeals that runs with the land. The footprint on the map filed with DEC is part of their permit and they do not intend to expand the footprint. In regards to the question raised about whether or not his client’s operation had extended beyond the permitted use, DEC inspected the premises and issued a permit. Anytime there is a change in the footprint DEC would have to reopen the SEQR process and there would be a Public Hearing and Public Notice. Regarding devaluation of property there is sworn evidence from real estate people that this isn’t the case. The Town Board has very limited jurisdiction.

Attorney Mannix stated it is not his client’s job to prove the mining operation isn’t in compliance, it is Pallette who has to prove they are in compliance and this hasn’t been done.

Julie Francis asked the Board if they could at least stop Pallette from operating on Saturdays.

Janet Kropp recalled from the last meeting when Attorney Auffredou stated that it wasn’t necessarily true that the Town doesn’t have any jurisdiction and she would have liked to seen him at this meeting. She also recalled when the hours of operation were changed back in 1999 that she wasn’t notified.

Joe Patricke advised Janet Kropp that he had researched this and she didn’t own the property back when the hours were changed. The notice went to the former owner of her property, Mr. Garcia.

Mr. Salazar recapped his earlier comments and stated that a lot of issues that DEC had are not being followed and it was his opinion that they rubber stamp these permits based on previous mining permits. He asked the Town Board to invoke their jurisdiction relative to the roads, noise, hours of operation, etc. He asked the Town Board to stop the issuance of a permit for fear that once the permit is issued they will expand operations and that their reclamation plan needs to be proven by the applicant.

Scott Smith asked what the posting of a 4-ton limit on the road meant.

Steve Barody explained that he posts roads in the spring because of the soft shoulders.

Chuck Rowson asked how the Town Board could make a decision tonight on this and Supervisor Gutheil stated the Board probably wouldn’t take action at this meeting without the Town’s legal counsel present.

Dave Canavan asked if Pallette could operate the mine in the meantime and Supervisor Gutheil stated he didn’t think so, but would need legal advice on this question.

Supervisor Gutheil asked Joe Patricke to check out the old mine on South Road before the next meeting and find out if it has been reclaimed, exhausted or if there are any violations.

Supervisor Gutheil stated that there has been discussion on this for two hours now and wondered if another meeting should be scheduled for this purpose and if so it should be noted that only new information should be brought forward at that time.

Rick Salazar asked if SEQR could be conducted on the four issues at hand so the Board could address them and Supervisor Gutheil stated that the Board would have to ask the Town’s legal counsel this question.

A special meeting to discuss this issue again was scheduled for April 28^th at 6:00 p.m.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the Assessor to attend a training seminar at Cornell, July 14-18, 2003 and for all necessary expenses to be a proper town charge, with some of the expense being reimbursed by the State of New York.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The semi-annual gas monitoring report for the landfill was received on March 31^st and has been filed. It is available for review.

The Town Clerk checked with George Hodgson of Saratoga County Environmental Management regarding mosquito dunks and he advised that April is the month the dunks should be placed. The Town of Northumberland is doing a press release in lieu of a workshop. It was the consensus of the Board Members that the Supervisor should issue a press release informing the Town Residents that the dunks are available at Town Hall.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz approving the following proclamations:

WHEREAS, Richard T. Levo of Boy Scout Troop 9 has met and exceeded the qualifications set forth by the Boy Scouts of America to receive the distinction of Eagle Scout, and

WHEREAS, Richard T. Levo has achieved his goal by providing leadership to his troop by coordinating and implementing the landscaping project around the observation deck overlooking the South Glens Falls Walkway along the Hudson River, and

Whereas, Richard T. Levo will be bestowed with the title of Eagle Scout at a special Court of Honor on May 4, 2003 at 2:00 p.m., and

Now, therefore, be it resolved that the Town Board of the Town of Moreau extends their heartiest congratulations to Richard T. Levo for achieving such an accomplishment.

and

WHEREAS, Cody C. Wilson has achieved his goal by providing leadership to his troop in the planning, overseeing and assisting in the restoration of a Revolutionary War Cemetery located in the Town of Northumberland that consisted of clearing brush, debris and cutting down of old trees around approximately 140 gravesites making them accessible to the public, and

WHEREAS, Cody C. Wilson has been recognized by the Town of Northumberland, the Daughters of the American Revolution and the Ballston Spa Historical Society for his accomplishment, and

Whereas, Cody C. Wilson will be bestowed with the title of Eagle Scout at a special Court of Honor on May 4, 2003 at 2:00 p.m., and

Now, therefore, be it resolved that the Town Board of the Town of Moreau extends their heartiest congratulations to Cody C. Wilson for his achievement.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Mike Shaver, Water Superintendent, will be taking 40 water samples this year, 20 in May and 20 in November. He has obtained three or four quotes to have this testing done. The lowest is from CAN  CNA Environmental. Supervisor Gutheil wondered if they should consider taking the samples to Saratoga to have them done. It was the consensus of the Board to put this item on the agenda for the next meeting. [Amended 4/22/03 jf]

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett approving the following corrections to meter readings and two final water bills for house closings:

Corrections:

Account #20146, Bill #63745

Constance Coulter

75 Feeder Dam Road

Outside Remote read differently than inside meter.

Billed:

$32.00 based on 1,120-gallon consumption

Current Reading 16,600

Previous Reading 15,480

Corrected Amount:

$83.00 based on actual consumption of 26,220 gallons

Corrected Current Reading 41,700

Previous Reading 15,480

Account #20525

Dennis Parlapiano

6 Connor Drive

Incorrect Reading and Previous Readings had one too many zeros.

Meter Reading turned in: 1,203,870

Correct Reading: 152,100

Incorrect Previous Reading: 1,080,000

Correct Previous Reading: 108,000

Amount Billed $396.38

Correct Amount: $141.12

Water District 4 Water District 2

Customer Number: 40378 Customer Number: 20181

Bill Number: 64411 Bill Number: 64410

Usage Period: 2/5/03-4/3/03 Usage Period: 3/27/02-4/4/03

Billing Date: 4/4/03 Billing Date: 4/4/03

Richard Dumas Carol Otoupal

8 Lincoln Avenue 8 Jackson Road

South Glens Falls, NY 12803 South Glens Falls, NY 12803

Amount Billed: $33.50 Amount Billed: $236.00

Consumption: 1,900 gallons Consumption: 73,750 gallons

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Information on a grant that is available to most communities was received. This grant would require a substantial match. In the case of the Town of Moreau the match amount would be $60,000.00. Supervisor Gutheil will refer this to the Grocery Store Committee to review. The legality as to how much the Town would be able to commit to would have to be researched.

An Official State Museum has been established and there is an event planned on June 6^th at the museum that Towns are being asked to promote by way of purchasing tickets to the event. Supervisor Gutheil stated it would be nice if the community could show as much support for this museum as possible.

Bids were received and opened on April 4^th in the Town Hall and the results of the Bid Opening was as follows:

Steve Barody stated that the Town of Queensbury only got one bid also and Wilton let out a bid earlier in the year and only got one bid.

Supervisor Gutheil questioned why we are only getting one bid. He understood from one perspective bidder that they would have bid if they had more time.

Steve Barody stated he preferred an aluminum cab.

Steve Barody advised that Queensbury obtained the State Contract Price for the International and it is almost $83,000.00.

Supervisor Gutheil stated he couldn’t vote to purchase a $130,000.00 truck with equipment, with a limited number of bidders. He also stated that a single axle truck is handy in the subdivisions where there are cul-de-sacs and short turns. He would like to see some State Contract Prices.

Steve Barody stated that an aluminum cab is not available under State Contract. He also advised that Attorney Auffredou had reviewed the bids and didn’t see any problem with them. They all met the specifications except the 7600 series. It will take 120 days to receive the chassis.

Supervisor Gutheil and the Town Board asked Steve Barody to prepare a spreadsheet of state contract prices for the next meeting.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz appointing Sylvia Hanson as Special Projects Aide at a starting pay of $9.00 per hour, subject to successful completion of a pre-employment physical and authorizing Mary Ann Haydel to train her at a rate of $25.00 per hour not to exceed $300.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated for the record that the Petitioners have implied that the Town has not been doing anything or progressing relative to condemnation. Supervisor Gutheil stated that in fact, the Town has been interviewing people from different disciplines and the Petitioners haven’t heard the last of it. The Town is moving forward on the subject. He asked Carla Corpus, Legal Counsel for the Petitioner, to take a message back. Rob Easterly stated in his affidavit that we haven’t pursued a friendly acquisition when in fact we have and we have not received a response back. Supervisor Gutheil stated he had mentioned that he asked counsel, on two separate occasions and hadn't heard back.  He asked for this to be made a part of the record, it could become important at some point in time. [Amended 4/22/03 jf]

Carla Corpus suggested that the Supervisor put his request in writing.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing the Supervisor to sign an agreement between the Town of Moreau and Ed Hazelton for Dog Control Services in the amount of $12,000.00 a year, under the same terms as the previous contract.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilman Kusnierz reported that Howard Weller, a member of the Recreation Commission does not want to be reappointed and Jack Celeste’s term expires the end of May.

Stephen Gram advised that the Recreation Commission Members have suggested that both positions should be advertised. Jack Celeste has missed several meetings.

It was the consensus of the Town Board that an ad should be run seeking persons interested in serving.

Requests for purchases were received from Stephen Gram for the Recreation Department. Quotes were obtained.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing the following purchases based on the lowest quotes received:

1. 30 cases of line marking paint from Score American in the amount of $868.50.
2. Rental of port-o-potties from IBS Septic in the amount of $75.00 per month.
3. Container rental and trash removal from the beach area by Springer Waste Management at a cost of $99.00 per month for a 10-yard container and $49.50 a month for a 2-yard container.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil mentioned the SEDC Dinner coming up May 13^th. The Board will need to talk about this and decide how many tickets to purchase at the next meeting.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing the Supervisor to approve transfer of funds within the .4 (contractual) line of each fund in an amount not to exceed $500.00 per month, with a report to be given to the Board Members each month of the transfers made.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authoring the South Glens Falls School District to use eight voting machines on May 20^th to conduct voting on the school budget.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The emergency access road off Sisson Road going to the power station in the Industrial Park needs grading. It is currently not passable by emergency vehicles. Steve Barody was asked to check this out.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the Subdivision Rec. Fees paid by developers in the amount of $14,000.00 be transferred from the Trust & Agency Account into the Recreation Capital Project Fund (HP) and for all future Subdivision Rec. Fees to be posted into the Recreation Capital Project Fund (HP).

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported receiving Franchise Fees from Adelphia Cable in the amount of $99,596.58.

Supervisor Gutheil asked the Board Members if they wanted to send out Request for Proposals to area companies who sell bottled water for the coolers and it was the consensus of the Board that it wouldn’t hurt to do this.

The Water Superintendent was asked to look at the water line on Washington Road and see about tying it into the main system on Feeder Dam Road to provide an increase in fire flows.

The South Glens Falls Fire Company sent a letter asking for support from the Town Board for the 116^th Hudson Valley Firemen’s Convention that will be held in the Town of Moreau, June 17-20, 2005. It will also be the South Glens Falls Fire Company’s 75^th Anniversary that year. Supervisor informed the Fire Company that, that year the Town would also be celebrating it’s Bicentennial and that the Town may be able to combine all the events into one big celebration.

Supervisor Gutheil reported receiving $7,223.00 in Youth Grant Money and $200,000.00 the 10% retainage remaining from the $2,000,000.00 in grant money for the Landfill Closure.

Supervisor Gutheil reported that Lewis Electric was working in the Recreation Park and might be looking for a progress payment if they aren’t able to finish the job until new poles arrive for the scoreboards.

Stephen Gram reported that 8" I-Beams for the scoreboards are $385.00 per scoreboard.

Supervisor Gutheil advised him to get three quotes per the Town’s Procurement Policy.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz to adjourn to Executive Session at 10:07 p.m. to discuss personnel.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn the Executive Session and re-open the Regular Session at 10:10 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to appoint Stephen Gram as full-time Recreation Director on a Probationary Period starting today.

Supervisor Gutheil commented that Stephen Gram had passed the Civil Service Exam and was reachable on the list.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn the meeting at 10:11 p.m. for the evening.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk